senate Bill S4113

Provides for a special election, at the discretion of the governor, to fill vacancies in the office of comptroller and attorney-general

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Mar / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1117
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 22 / May / 2012
    • 1ST REPORT CAL.854
  • 23 / May / 2012
    • 2ND REPORT CAL.
  • 30 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Provides for a special election, at the discretion of the governor, to fill vacancies in the office of comptroller and attorney-general.

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Bill Details

See Assembly Version of this Bill:
A4350
Versions:
S4113
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Public Officers Law
Laws Affected:
Amd ยงยง41 & 42, Pub Off L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2929, A581
2007-2008: A6893

Votes

6
1
6
Aye
1
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Investigations and Government Operations committee vote details
nay (1)
aye wr (1)

Sponsor Memo

BILL NUMBER:S4113

TITLE OF BILL:
An act
to amend the public officers law, in relation to vacancies in the office
of comptroller or attorney-general

PURPOSE:
To provide for special elections to be held to fill vacancies in the
offices of the Comptroller and Attorney General.

SUMMARY OF PROVISIONS:
The bill amends the public officers law to provide that when a vacancy
occurs during the term of the comptroller or attorney general or
united states senator, the governor may make a proclamation calling
for a special election to fill such office. The special election
shall be held not less than forty five nor more than sixty days from
the date of the proclamation.

JUSTIFICATION:
The State Comptroller oversees the state's $145.7 billion pension fund
and is responsible for hundreds of yearly audits of cities, towns,
school districts and other government agencies. He or she is
responsible for ensuring that tax dollars are spent prudently and
productively. The Attorney General is the state's chief legal officer.
The State Comptroller, Attorney General and United States Senator are
all representatives of the people of the state and as such should
always be elected by the people even in cases of vacancies. Enactment
of this measure will ensure these officers are chosen by the people
of the state and not the Legislature.

LEGISLATIVE HISTORY:
S.2929 - Investigations Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the same date as a concurrent resolution
entitled "Concurrent Resolution of the Senate and Assembly proposing
an amendment to section 1 of article 5 of the constitution, in relation
to providing for special elections to fill the offices of comptroller
and attorney general", takes effect.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4113

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 18, 2011
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public officers law, in relation to vacancies in the
  office of comptroller or attorney-general

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 41 of the public officers law, as amended by chap-
ter 91 of the laws of 1928, is amended to read as follows:
  S 41. Vacancies [filled by legislature] IN THE OFFICE  OF  COMPTROLLER
OR  ATTORNEY-GENERAL.  When  a  vacancy occurs or exists[, other than by
removal,] in the office of comptroller or attorney-general, [or a resig-
nation of either such officer to take effect at  any  future  day  shall
have been made while the legislature is in session, the two houses ther-
eof,  by  joint  ballot,  shall  appoint a person to fill such actual or
prospective vacancy] THE GOVERNOR MAY IN  HIS  OR  HER  DISCRETION  MAKE
PROCLAMATION  OF  A SPECIAL ELECTION TO FILL SUCH OFFICE, SPECIFYING THE
DATE OF SUCH ELECTION, WHICH SHALL BE NOT LESS THAN FORTY-FIVE NOR  MORE
THAN SIXTY DAYS FROM THE DATE OF THE PROCLAMATION.
  S  2.  Subdivision  4-a  of  section 42 of the public officers law, as
amended by chapter 373 of the laws  of  1978,  is  amended  to  read  as
follows:
  4-a.  If  a vacancy occurs in the office of United States senator from
this state [in any even numbered calendar year on or  after  the  fifty-
ninth  day  prior  to  the annual primary election, or thereafter during
said even numbered year, the governor shall make a temporary appointment
to fill such vacancy until the third day of January in the year  follow-
ing the next even numbered calendar year.  If such vacancy occurs in any
even  numbered  calendar  year on or before the sixtieth day prior to an
annual primary election, the governor shall make a temporary appointment
to fill such vacancy until the third day of January in the next calendar

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04964-01-1

S. 4113                             2

year. If a vacancy occurs in the office of United  States  senator  from
this  state in any odd numbered calendar year, the governor shall make a
temporary appointment to fill such vacancy until the third day of  Janu-
ary  in  the next odd numbered calendar year.  Such an appointment shall
be evidenced by a certificate of the governor which shall  be  filed  in
the  office of the state board of elections. At the time for filing such
certificate], the GOVERNOR MAY IN HIS OR HER DISCRETION, MAKE  PROCLAMA-
TION  OF  A SPECIAL ELECTION TO FILL SUCH OFFICE, SPECIFYING THE DATE OF
SUCH ELECTION, WHICH SHALL NOT BE LESS THAN  FORTY-FIVE  NOR  MORE  THAN
SIXTY  DAYS FROM THE DATE OF SUCH PROCLAMATION. THE governor shall issue
and file in the office of  the  state  board  of  elections  a  writ  of
election  directing the election of a United States senator to fill such
vacancy for the unexpired term at the general  election  next  preceding
the expiration for the term of such [appointment] SPECIAL ELECTION.
  S  3.    This  act  shall take effect on the same date as a concurrent
resolution entitled "CONCURRENT RESOLUTION OF THE  SENATE  AND  ASSEMBLY
proposing an amendment to section 1 of article 5 of the constitution, in
relation to providing for special elections to fill the offices of comp-
troller and attorney-general", takes effect.

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